Smidt v. Dessar

The general term construed the contract without reference to any other evidence than its own contents, and this was proper, for the writing was free from ambiguity. The plaintiff was to have for trying cases before commissioners forty dollars per case, and defendant guaranteed him two cases per week. If the plaintiff were not able to dispose of two trials per week, he could not claim a weekly payment for two cases, for he was not guaranteed the fee independently of the trial. It appears that, although he had fifty cases, he was only able to finish seventeen in the period of ten weeks covered by the action, for which he had been paid. He has no claim for cases not tried. Motion denied, without costs.